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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

House Conference Report 109-360

SEC. 848. STATEMENT OF POLICY AND REPORT RELATING TO CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES.

(a) Extensions of Inapplicability of Certain Acts- Section 853 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2021) is amended in subsections (a)(2)(A) and (b)(2)(A) by striking `2005' and inserting `2006'.

(b) Statement of Policy- The Secretary of Defense, the Secretary of Education, and the Chairman of the Committee for Purchase From People Who Are Blind or Severely Disabled shall jointly issue a statement of policy related to the implementation of the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and the Javits-Wagner-O'Day Act (41 U.S.C. 48) within the Department of Defense and the Department of Education. The joint statement of policy shall specifically address the application of those Acts to both operation and management of all or any part of a military mess hall, military troop dining facility, or any similar dining facility operated for the purpose of providing meals to members of the Armed Forces, and shall take into account and address, to the extent practicable, the positions acceptable to persons representing programs implemented under each Act.

(c) Report- Not later than April 1, 2006, the Secretary of Defense, the Secretary of Education, and the Chairman of the Committee for Purchase From People Who Are Blind or Severely Disabled shall submit to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Health, Education, Labor and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives a report describing the joint statement of policy issued under subsection (b), with such findings and recommendations as the Secretaries consider appropriate.

The House bill contained a provision (sec. 815) that would extend for 1 year the requirements of section 853 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) regarding contracting with the blind and severely disabled. The House provision would also require the Secretary of Defense and the Secretary of Education to develop and jointly issue a statement of policy regarding the implementation of the relevant statutory requirements and to report the results to Congress.

The Senate amendment contained a similar provision (sec. 845) that would extend the requirements of section 853 for 1 year.

The Senate recedes with an amendment that would require that the policy and report be developed and issued jointly by the Secretary of Defense, the Secretary of Education, and the Committee for Purchase, which is responsible for administering programs for the blind and severely disabled under the Javitz-Wagner-O'Day Act (41 U.S.C. 46 et seq.).

House Report 109-89

SECTION 815--STATEMENT OF POLICY AND REPORT RELATING TO CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES

This section would extend for one year section 853 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375).

This section would also require the Secretary of Defense and the Secretary of Education to issue jointly a statement of policy related to further implementation of the Randolph-Sheppard Act of 1936 (RS) (20 U.S.C. 107) and the Javits Wagner O'Day (JWOD) program (41 U.S.C. 46-48c). This section would require the statement of policy to specifically address application of RS and JWOD to both operation and management of all, or any part, of a military mess hall, military troop dining facility, or any similar dining facility operated for the purpose of providing meals to members of the armed forces. This also includes preparation or serving of food or ordering, storing, or accounting for food or ingredients. The committee believes that procurement decisions on contracting for military troop dining services should be made in accordance with the needs of the Department of Defense and the particular military activity requiring procurement of such services.

The statement of policy should take into account and address, to the extent practicable, the positions acceptable to persons representing programs implemented under RS and JWOD. The Secretary of Defense and the Secretary of Education shall submit the statement of policy to the Senate Committee on Armed Services and the House Committee on Armed Services, the Senate Committee on Health, Education, Labor and Pensions and the House Committee on Education and the Workforce by April 1, 2006.

Senate Report 109-69

The committee recommends a provision that would extend for one year section 853 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375). This provision would ensure the continuation and completion of existing contracts (including any options) awarded under the Javits-Wagner-O'Day Act (41 U.S.C 46 et seq.) and the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) programs for the operation of military troop dining facilities, military mess halls, and other similar military dining facilities.